Company is Administration - Spouse Visa

Moojs · Post by **Moojs** » Mon Sep 09, 2019 11:20 am

Good morning all,

Hopefully this is in the correct section

we're about to apply for a Spouse visa to bring my wife over from the Philippines but at the worst possible time the company I work for has gone into administration, I've been told / In writing that my contract is still with the same company and the company's getting put up for sale as a complete package e.g. their buying the people / employment contracts aswell.

But I don't know what that means in the sense of the Spouse visa as technically I can send in my contract, an upto date letter of employment,etc with the same company for 10+ years as my contract is still active making above the financial threshold.

Speaking with the administration team about the situation they said they can write me a letter saying that I still work for the current company and nothing that side of it has changed but obz i don't want to start sending reems of paper work in if i dont have to.

Has this happened to anyone?

Post by **Zerubbabel** » Mon Sep 09, 2019 3:00 pm

Hello

The company is not closed or anything. So your contract is valid and everything is business as usual. The HO has been probably informed about the situation.

If the company is saved, nothing happens to your Tier 2.

If the company is eventually closed, you will get the 60 days letter.

Both options are on the table really. But for now, you are under a valid Tier 2.

Obviously this company is not doing well and you need to start thinking about your options for your future as a professional and also as an immigrant. If you are eligible for ILR apply immediately. Otherwise, you need to update your CV and start looking in the market to find another sponsor in case things go wrong.

Post by **CR001** » Mon Sep 09, 2019 3:06 pm

Zerubbabel wrote: ↑
Mon Sep 09, 2019 3:00 pm
Hello

The company is not closed or anything. So your contract is valid and everything is business as usual. The HO has been probably informed about the situation.

If the company is saved, nothing happens to your Tier 2.

If the company is eventually closed, you will get the 60 days letter.

Both options are on the table really. But for now, you are under a valid Tier 2.

Obviously this company is not doing well and you need to start thinking about your options for your future as a professional and also as an immigrant. If you are eligible for ILR apply immediately. Otherwise, you need to update your CV and start looking in the market to find another sponsor in case things go wrong.

Where does the op say they are a tier 2 holder?? They appear to be applying for a spouse settlement visa.

seagul · Post by **seagul** » Mon Sep 09, 2019 3:13 pm

Moojs wrote: ↑
Mon Sep 09, 2019 11:20 am
Good morning all,

Hopefully this is in the correct section

we're about to apply for a Spouse visa to bring my wife over from the Philippines but at the worst possible time the company I work for has gone into administration, I've been told / In writing that my contract is still with the same company and the company's getting put up for sale as a complete package e.g. their buying the people / employment contracts aswell.

But I don't know what that means in the sense of the Spouse visa as technically I can send in my contract, an upto date letter of employment,etc with the same company for 10+ years as my contract is still active making above the financial threshold.

Speaking with the administration team about the situation they said they can write me a letter saying that I still work for the current company and nothing that side of it has changed but obz i don't want to start sending reems of paper work in if i dont have to.

Has this happened to anyone?

Maybe you will be tupe transfer to new employer which will keep your all employment rights and conditions intact.

Post by **Zerubbabel** » Mon Sep 09, 2019 7:07 pm

Hello OP

I do apologize. I had multiple tabs open, I figured out you were yourself under Tier 2.

I hope this goes well.

I found myself 3 times on a company under Administration. Once the company was closed within a few weeks. Once it was closed within days and another one, the company was saved, then later merged without job loss.

I went a couple of times through acquisitions. In both cases, I kept contract, salary and even start date with the company. I always recommend to my friends to change employer if they hear any rumors about Administration and cash flow issues. The risks associated with staying outweight any benefit you may get by being loyal to the company in difficult times.

For the purpose of any visa / sponsoring your wife, you are employed at the moment, have an active contract, getting payslips, paying HRMC...Only if the company goes bust then you won't be employed. Hope it doesn't happen. I don't see why you can't act as a sponsor for now.

Moojs · Post by **Moojs** » Tue Sep 10, 2019 1:14 am

seagul wrote: ↑
Mon Sep 09, 2019 3:13 pm
Maybe you will be tupe transfer to new employer which will keep your all employment rights and conditions intact.

Tupe has been mentioned and the letter does say that their selling the business with all the contracts, etc. I don't know anything about this sort of thing so always nice to check on what could happen, etc

Zerubbabel wrote: ↑
Mon Sep 09, 2019 7:07 pm
Hello OP

I do apologize. I had multiple tabs open, I figured out you were yourself under Tier 2.

I hope this goes well.

For the purpose of any visa / sponsoring your wife, you are employed at the moment, have an active contract, getting payslips, paying HRMC...Only if the company goes bust then you won't be employed. Hope it doesn't happen. I don't see why you can't act as a sponsor for now.

No problem thankyou

I hope so aswell

seagul · Post by **seagul** » Tue Sep 10, 2019 4:49 am

seagul wrote: ↑
Mon Sep 09, 2019 3:13 pm
Maybe you will be tupe transfer to new employer which will keep your all employment rights and conditions intact.

Moojs wrote: ↑
Tue Sep 10, 2019 1:14 am
Tupe has been mentioned and the letter does say that their selling the business with all the contracts, etc. I don't know anything about this sort of thing so always nice to check on what could happen, etc

UKVI will count it as a new employer, therefore, best solution will be that once you transfer to new employer/buyer then simply wait until you gets your first month's payslip then apply under category B by adding 11 months of previous payslips.

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Company is Administration - Spouse Visa

Company is Administration - Spouse Visa

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